Court proceedings. Instruction on legal proceedings

Under legal proceedings in the general sense understand the regulated normsrights activities related to the registration, accounting, turnover of cases and other materials in court. It includes reference and information search, as well as control over the execution of acts, their preparation for further use and storage.

Activity value

Proper organization litigation ensures the effectiveness of justice. It is necessary to understand that the further fate of the person can depend on this or that document accepted by the authority. Loss of materials, untimely execution of acts, sending them to improper subjects entail a violation of the interests and rights of organizations and citizens.

Distinctive features

Organization litigation is aimed at observance of procedural norms, execution of decisions, decisions, definitions. It ensures respectful treatment of citizens and legal entities applying to the authorities.

Requirements for the creation, processing, use of court materials are based on the provisions of the Criminal Procedure Code, the AIC, the CCP, and the CAO.

In these normative acts, keyrules governing the structure of court documents, mandatory requisites of acts, the procedure for the movement of cases depending on the category, the rules and timing of consideration, as well as the specifics of the performance.

GOST

In the process of organization and under direct supervision litigation common requirements for normal workflow are taken into account. They are fixed in GOST R 6.30-2003.

The Gosstandart acts in relation toorganizational and administrative documentation relating to the unified system. It includes, in particular, decisions, resolutions, acts, protocols, orders and other documents included in the OKUD (All-Russian Classifier).

The standard specifies requirements for:

• registration of requisites (indicating the list of the main ones);
• forms and contents of documents;
• manufacturing, accounting, storage, use of forms with the State Emblem of the Russian Federation, the arms of subjects.

These requirements also apply to documents in the turnover of the courts.

Normative basis of judicial record keeping in the district court

The key normative and methodical act,regulating the order of organization and maintenance of document circulation in the specified instances, is the Instruction. Its provisions are applied taking into account the requirements of the procedural codes.

Approved by Instruction on record keeping by the Judicial Department in 2003

In it are fixed:

1. Rules of accounting and keeping documents.
2. Requirements for registration of procedural and other acts.
3. Rules for storing and transferring documentation to the archive.

Regulations Instructions for court proceedings are aimed at ensuring proper ordertransfer and turnover of materials in the structure of district courts. Regulations apply to paper documents, and to acts created with the help of computer technology.

Office work in the RF Armed Forces

It is carried out in accordance with the Instruction approved by the order of the Chairman of the Armed Forces No. 32-P of 2015. This is a sufficiently voluminous document, which regulates all aspects of working with documents.

According to the model Instructions for records management, the functioning of a unified systemdocumentation of the Court's work is based on modern technologies. At the organization of document circulation innovative software and hardware are used.

Accounting and registration of incoming / outgoing papers, internal organizational and administrative acts is carried out in the AIS (automated information system).

In the units Supreme Court Court proceedings is assigned to authorized employees. The rights and duties of these employees are determined by official regulations. At the same time, the responsibility for organizing document flow in the units is assigned to their managers.

AT standard Instructions for record keeping the general order of conducting secret affairs is fixed. According to the normative act, this activity is carried out by the First Department of the Armed Forces in conjunction with the relevant units. Processing of secret data, development and creation of documents containing them, as well as copies thereof, is carried out on the protected technical equipment installed in the regime rooms.

General rules of document circulation in district courts in criminal cases

According to Instructions for court proceedings, and also in accordance with Art. 227 of the Code of Criminal Procedure, the judge accepts one of the decisions on the received materials:

1. To send a case on jurisdiction.
2. Assign a preliminary hearing.
3. To appoint a meeting.

The judge must make a decision within 30 days from the date of receipt of the materials.

Information on proceedings with a ruling issued by a judge during the preparatory procedure is reported to the department litigation not later than the next day (working). The authorized employee enters a note on the decision taken into the statistical-statistical card (# 5).

The judge must determine the category of cases in which the materials will be taken into account in the statistical report. A copy of the decision is sent to the prosecutor, the victim and the accused.

When sending materials on the jurisdiction, the case anda cover letter is sent to the addressee. At the same time, the prosecutor, who sent the case, is also notified. In Form No. 5, a corresponding mark is made. Copies of the cover letter and decisions are stored in attire number 15.

Court proceedings of the Moscow Regional Court

It is governed by the Regulations approvedOrder of the Judicial Department of the Armed Forces of the Russian Federation No. 161 of 15.12.2004. It must be said that the provisions of this document apply to all the supreme judicial bodies of the Fed cities. value, edges and regions (autonomous including), republics.

Due to the fact that in all instances it is activeelectronic information systems are used, it is necessary to dwell in more detail on the peculiarities of document circulation in the State Automated System (the state automated system) Justice.

Submission of documents in the civil,criminal, administrative proceedings is carried out according to the rules approved by the order of the Judicial Department No. 251. To send information, the interested person fills in a special form posted on the court's website.

In the absence of electronic circulationobligatory information it will be considered submitted with violation of the established order. The applicant is notified of this by an electronic message or other means.

Verification of the correctness of electronic documents is entrusted to an authorized employee of the court apparatus. This employee is obliged to check the subsystems of the SAS at least 2 times during the day.

After checking in the personal office of the applicant in theThe same day, a notice of acceptance or rejection of the application is sent. In the latter case, the reasons for the non-acceptance of the application are mandatory. If there is no technical capability for this, the response is sent to the applicant's email address or sent to him in another way.

After performing operations to verify the received documentation, the authorized employee of the court apparatus carries out the transfer of applications to paper carriers.

Features of the notification of the parties

If there is evidence of an appropriatenotification of local and state authorities, other organizations and structures acting as participants in the process, these persons may be notified of the time and place of the meeting about the hearing or the production of a separate action by posting relevant information on the court's website. If these entities do not have the technical ability to receive such a message, at their request the notification is sent in a different way without using the Internet.

Additionally

Placement of information about the adoption of an action forthe place, time of the meeting or the implementation of the procedural action shall be carried out by the authorized officer of the court apparatus not later than the time limit provided for in part 3 of Article 113 of the CCP. For cases with a reduced period of review, the notice is published three days before the date of the hearing or the execution of the corresponding action.

As for information on the adoption of an administrative action, submission or complaint, they are posted on the court's website 15 days before the meeting, unless otherwise established in the CAS.

Information published on the official portalinstances of the motion of the case, including those granted to its participants under the restricted access regime, must coincide with the data contained in the GAS Justice.